1968 P Cr (PLP)

Conviction can be based on confession (although subsequently retracted) if it be found genuine and is corroborated by other evidence. Muhammad Hayat Junejo, Advocate Supreme Court instructed by A. H. Memon, Attorney for Petitioners. Nemo for the State. Date of hearing: 20th March 1968. SAJJAD AHMED, J.--The three petitioners Karam Ali, Ido and Boota were tried along with 5 others under sections 148, 452, 326/149 and 302/149, P. P. C. (Three counts). All three were found guilty of all the charges by the learned Sessions Judge, Khairpur Mir's and sentenced to various terms of imprisonment including transportation and a sum of Rs. 200 or to default two years' R. I., for each of the three murder counts. On appeal the High Court, West Pakistan, Karachi Bench, has upheld the convictions and sentences of the petitioners, acquitting the remain ing five. The case involves triple murders of Mst. Douli, wife of petitioner Karam Ali, Douli's paramour Morio, and the latter's father Haji Saindino, the motive being the enticement of Mst. Douli by Morio. The occurrence took place at night time on the 1st of November 1965 and was reported at the police station at 7-30 a. m., the following day, by P. W., Homzo, brother of Morio deceased. Seven persons were named in the F. I. R., as the culprits namely the three petitioners and four others but not the five whom the High Court has acquitted mainly on that basis. Ocular evidence in the case was supplied by 6 witnesses, of whom P. Ws. Shahim, Wali Dad, Kabil and Ganhwar bore injuries allegedly suffered by them during the occurrence. The trial Court has totally discarded the evidence of the eye-witnesses as it did not tally with the F. I. R., in the number and the identity of some of the accused persons. In addition to the petitioners, 5 new culprits were charged by them at the trial in substitution of the 4 mentioned in the F.

1. R. The High Court has held rightly that the evidence of the eye-witnesses called for a close scrutiny but should not have been rejected out of hand for that reason. The High Court has, therefore, accepted the evidence of the eye-witnesses against the petitioners as it is corrobo rated by some other pieces of evidence. The first is the retracted judicial confession of Karam Ali petitioner which was duly recorded by P. W. Ghulam Mustafa, Mukhtiarkar and F. C. M., on 4-11-1965 on the day following his arrest. The confession having been found to be genuine and true, could, despite its retraction form a sale basis for the conviction of Karam Ali as his B guilt, in addition, is corroborated by the recovery from him of a hatchet which was allegedly used in this crime and a shirt, both of which were found to be stained with human blood. Against the other 2 petitioners, corroboration of the ocular testimony is furnished by recovery from each of them of a shirt and a hatchet, similarly stained with human blood and the retracted confession of Karam Ali. We consider that the High Court has made a correct appraisal of the case and no interference is called for. We refuse to grant leave. The petition is dismissed. Leave refused.